KIRAN Vs. BANSILAL

JUDGEMENT

(1.) This order will decide two miscellaneous petitions No 245/87 and 303/87 filed in this court respectively by Smt. Kiran and the respondent Bansilal under section 482 Cr. P.C.

(2.) It is not a disputed fact that Smt. Kiran is married wife of Bansilal and that she gave birth to two daughters named Indira and Munni from him. According to Smt. Khan, she was ill-treated by her husband and mother-in-law. She also used to be beaten on several occasion. Her father tried to advice Bansi Lal to well treat Smt. Kiran but with no effect. Ultimately in the month of 2nd Jeth of Samvat 2037, Bansi Lal and his mother turned Smt. Kiran out of the house after retaining her ornaments. It was also alleged that Bansi Lal has remarried with another lady named Smt. Geeta who is living with him in his house as a second wife. So far as Smt Kiran is concerned, she is living with her father Ramratan. On Dec. 18, 1980 Smt Kiran made an application before the Judicial Magistrate, Nagore for award of maintenance under section 125 of the Cr. P.C.

(3.) Husband Bansi Lal denied the allegation that Smt. Kiran was turned out by him or his mother after beating her. On the other band, he asserted that Smt. Kiran herself in the month of 1st Jeth of Samvat 2037 came to the shop of Bansi Lal and after throwing her daughter Munni aged seven months at the shop went away and was living with her father Ramratan. Bansi Lal sent two letters dated 2nd July, 1980 and 4th Aug., 1980 to Smt. Kiran to return to the house but she did not come back to her matrimonial home. It was alleged that father of Smt. Kiran told that Bansilal can take another lady in 'nata' and, therefore, in order that her daughter Munni may be looked after properly, he performed customary 'nata' marriage with Smt. Geeta.